In light of this amendment, Ontario courts will have the power to refuse to certify a multi-jurisdictional action if it is determined that the Ontario plaintiffs would be better represented as plaintiffs in an existing action in another province. Further, it will allow a party in another jurisdiction to request a stay of proceedings in an Ontario action if the subject matter overlaps.<\/p>\n

Certification Process: “Superior & Predominant”<\/h3>\n

A key step in launching a successful class action is to be certified as a class action by a court. Under Bill 161, the criteria for establishing whether a case ought to be certified will become more stringent. Going forward, plaintiffs must prove that a class action is the “superior” method for resolving the matter, above all other available options.<\/p>\n

In addition, the plaintiffs must provide that the questions of law applicable to the group as a whole predominate over any questions of law that apply to individual plaintiffs. This is a completely new requirement for certification and is expected to overcoming the certification hurdle more challenging for plaintiffs.<\/p>\n